Certain Magnesia Carbon Bricks from Mexico: Notice of Final Determination of Sales at Less Than Fair Value, 45097-45098 [2010-18925]

Download as PDF Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Notices Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is October 1, 2010. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to October 18, 2010. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign–Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Elizabeth Whiteman at Elizabeth.Whiteman@trade.gov or (202) 482–0473. Dated: July 21, 2010. Andrew McGilvray Executive Secretary. [FR Doc. 2010–18956 Filed 7–30–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE INTERNATIONAL TRADE ADMINISTRATION (A–201–837) Certain Magnesia Carbon Bricks from Mexico: Notice of Final Determination of Sales at Less Than Fair Value Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce determines that certain magnesia carbon bricks (bricks) from Mexico are being, or are likely to be, sold in the United States at less–than-fair–value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are shown in the ‘‘Final Determination Margins’’ section of this notice. EFFECTIVE DATE: (August 2, 2010.) FOR FURTHER INFORMATION CONTACT: David Goldberger or Katherine Johnson, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; erowe on DSK5CLS3C1PROD with NOTICES AGENCY: VerDate Mar<15>2010 15:04 Jul 30, 2010 Jkt 220001 telephone (202) 482–4136 and (202) 482–4929, respectively. SUPPLEMENTARY INFORMATION: Background On March 11, 2010, the Department of Commerce (Department) published in the Federal Register the preliminary determination of sales at LTFV in the antidumping duty investigation of certain magnesia carbon bricks from Mexico. See Certain Magnesia Carbon Bricks from Mexico: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 11517 (March 11, 2010) (Preliminary Determination). On April 9, 2010, the Department issued a post–preliminary determination analysis for the respondent in this investigation, RHI– Refmex S.A. de C.V. (Refmex) in which the Department applied a quarterly costing methodology to recalculate the cost of production (COP). See Memorandum entitled ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Post– Preliminary Analysis RHI–Refmex S.A. de C.V.,’’ dated April 7, 2010; and Memorandum entitled ‘‘Post– Preliminary Determination Analysis Utilizing Quarterly Cost Methodology for Refmex,’’ dated April 9, 2010. Based on the data and methodology described in these memoranda, we calculated a post–preliminary dumping margin for Refmex of 50.28 percent. During April and May 2010, we verified the sales and COP questionnaire responses of Refmex. During May 2010, we issued the COP, U.S. sales, and home market sales verification reports. See Memorandum to the File entitled ‘‘Verification of the Cost Response of RHI–Refmex S.A. de C.V. in the Antidumping Duty Investigation of Certain Magnesia Carbon Bricks from Mexico,’’ dated May 10, 2010 (CVR); Memorandum to the File entitled ‘‘Verification of the CEP Sales Response of RHI–Refmex S.A. de C.V.,’’ dated May 12, 2010 (CEPVR); and Memorandum to the File entitled ‘‘Verification of the Home Market Sales Response of RHI– Refmex S.A. de C.V.,’’ dated June 1, 2010 (HMVR). On June 8 and June 15, 2010, respectively, the petitioner in this investigation, Resco Products Inc, and Refmex each submitted case and rebuttal briefs. Period of Investigation (POI) The POI is July 1, 2008, to June 30, 2009. This period corresponds to the four most recent fiscal quarters prior to PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 45097 the month of the filing of the petition. See 19 CFR 351.204(b)(1). Scope of Investigation The merchandise under investigation consists of certain chemically–bonded (resin or pitch), magnesia carbon bricks with a magnesia component of at least 70 percent magnesia (MgO) by weight, regardless of the source of raw materials for the MgO, with carbon levels ranging from trace amounts to 30 percent by weight, regardless of enhancements (for example, magnesia carbon bricks can be enhanced with coating, grinding, tar impregnation or coking, high temperature heat treatments, anti–slip treatments or metal casing) and regardless of whether or not antioxidants are present (for example, antioxidants can be added to the mix from trace amounts to 15 percent by weight as various metals, metal alloys, and metal carbides). Certain magnesia carbon bricks that are the subject of this investigation are currently classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000, and 6815.99.40001 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs submitted by the parties to this investigation are addressed in the ‘‘Issues and Decision Memorandum for the Final Determination in the Less– Than-Fair–Value Investigation of Certain Magnesia Carbon Bricks from Mexico’’ from Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration (Decision Memo), dated July 26, 2010, which is hereby adopted by this notice. A list of the issues that parties have raised and to which we have responded, all of which are in the Decision Memo, is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this investigation and the corresponding recommendations in the Decision Memo, which is on file in the Central Records Unit, Room 1117 of the Commerce Department. In addition, a complete version of the Decision Memo 1 In the Preliminary Determination, we included HTSUS subheading 6815.99 in our description of the scope of the investigation. Subsequently, we determined that all of the ten-digit subheadings under this subheading must be used instead. Accordingly, the HTSUS ten-digit subheadings have been listed. E:\FR\FM\02AUN1.SGM 02AUN1 45098 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Notices can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Verification As provided in section 782(i) of the Act, we verified the sales and COP information submitted by Refmex for use in our final determination. We used standard verification procedures including an examination of relevant accounting and production records, and original source documents provided by the respondent. Our sales and cost verification results are outlined in separate verification reports. See CEPVR, HMVR, and CVR. The verification reports are on file and available in the Central Records Unit, Room 1117 of the Commerce Department. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we have made certain changes to the margin calculations for Refmex. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of the Decision Memo. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all imports of subject merchandise that are entered or withdrawn from warehouse, for consumption on or after March 11, 2010, the date of publication of the preliminary determination in the Federal Register. We will instruct CBP to continue to require a cash deposit or the posting of a bond for all companies based on the estimated weighted– average dumping margins shown below. The suspension of liquidation instructions will remain in effect until further notice. Final Determination Margins We determine that the weighted– average dumping margins are as follows: erowe on DSK5CLS3C1PROD with NOTICES Manufacturer/Exporter Weighted–Average Margin (percent) RHI–Refmex S.A. de C.V. ........................... All Others ...................... 57.90 57.90 All–Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ‘‘All Others’’ rate shall be an amount equal to the VerDate Mar<15>2010 15:04 Jul 30, 2010 Jkt 220001 weighted average of the estimated weighted–average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Refmex is the only respondent in this investigation for which the Department calculated a company–specific rate. Therefore, for purposes of determining the all–others rate and pursuant to section 735(c)(5)(A) of the Act, we are using the weighted– average dumping margin calculated for Refmex, as referenced above. See, e.g., Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Sheet and Strip in Coils From Italy, 64 FR 30750, 30755 (June 8, 1999); and Coated Free Sheet Paper from Indonesia: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 72 FR 30753, 30757 (June 4, 2007), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Coated Free Sheet Paper from Indonesia, 72 FR 60636 (October 25, 2007). Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). International Trade Commission Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our final determination. As our final determination is affirmative, the ITC will determine within 45 days whether imports of the subject merchandise are causing material injury, or threat of material injury, to an industry in the United States. If the ITC determines that material injury or threat of injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Return or Destruction of Proprietary Information This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act. Dated: July 26, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix--Issues in Decision Memo Comments Comment 1: Exclusion of Functional Magnesia Carbon Brick Products from the Scope Comment 2: CEP Offset Comment 3: Adjustments to COP Data Comment 4: Treatment of Full Line Service Contract Transactions Comment 5: Movement Expenses Comment 6: Home Market Price Adjustments Comment 7: Adjustments to U.S. Sales Prices Comment 8: Indirect Selling Expenses Incurred in Mexico [FR Doc. 2010–18925 Filed 7–30–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XX95 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. AGENCY: The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration. This EFP would allow four commercial fishing vessels to fish outside of the limited access scallop days-at-sea (DAS) program and the sea scallop access area regulations in support of research conducted by the SUMMARY: E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Notices]
[Pages 45097-45098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18925]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

(A-201-837)


Certain Magnesia Carbon Bricks from Mexico: Notice of Final 
Determination of Sales at Less Than Fair Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  The Department of Commerce determines that certain magnesia 
carbon bricks (bricks) from Mexico are being, or are likely to be, sold 
in the United States at less-than-fair-value (LTFV), as provided in 
section 735 of the Tariff Act of 1930, as amended (the Act). The 
estimated margins of sales at LTFV are shown in the ``Final 
Determination Margins'' section of this notice.

EFFECTIVE DATE: (August 2, 2010.)

FOR FURTHER INFORMATION CONTACT: David Goldberger or Katherine Johnson, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-4136 
and (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 11, 2010, the Department of Commerce (Department) 
published in the Federal Register the preliminary determination of 
sales at LTFV in the antidumping duty investigation of certain magnesia 
carbon bricks from Mexico. See Certain Magnesia Carbon Bricks from 
Mexico: Notice of Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 75 FR 11517 (March 11, 
2010) (Preliminary Determination).
    On April 9, 2010, the Department issued a post-preliminary 
determination analysis for the respondent in this investigation, RHI-
Refmex S.A. de C.V. (Refmex) in which the Department applied a 
quarterly costing methodology to recalculate the cost of production 
(COP). See Memorandum entitled ``Cost of Production and Constructed 
Value Calculation Adjustments for the Post-Preliminary Analysis RHI-
Refmex S.A. de C.V.,'' dated April 7, 2010; and Memorandum entitled 
``Post-Preliminary Determination Analysis Utilizing Quarterly Cost 
Methodology for Refmex,'' dated April 9, 2010. Based on the data and 
methodology described in these memoranda, we calculated a post-
preliminary dumping margin for Refmex of 50.28 percent.
    During April and May 2010, we verified the sales and COP 
questionnaire responses of Refmex. During May 2010, we issued the COP, 
U.S. sales, and home market sales verification reports. See Memorandum 
to the File entitled ``Verification of the Cost Response of RHI-Refmex 
S.A. de C.V. in the Antidumping Duty Investigation of Certain Magnesia 
Carbon Bricks from Mexico,'' dated May 10, 2010 (CVR); Memorandum to 
the File entitled ``Verification of the CEP Sales Response of RHI-
Refmex S.A. de C.V.,'' dated May 12, 2010 (CEPVR); and Memorandum to 
the File entitled ``Verification of the Home Market Sales Response of 
RHI-Refmex S.A. de C.V.,'' dated June 1, 2010 (HMVR).
    On June 8 and June 15, 2010, respectively, the petitioner in this 
investigation, Resco Products Inc, and Refmex each submitted case and 
rebuttal briefs.

Period of Investigation (POI)

    The POI is July 1, 2008, to June 30, 2009. This period corresponds 
to the four most recent fiscal quarters prior to the month of the 
filing of the petition. See 19 CFR 351.204(b)(1).

Scope of Investigation

    The merchandise under investigation consists of certain chemically-
bonded (resin or pitch), magnesia carbon bricks with a magnesia 
component of at least 70 percent magnesia (MgO) by weight, regardless 
of the source of raw materials for the MgO, with carbon levels ranging 
from trace amounts to 30 percent by weight, regardless of enhancements 
(for example, magnesia carbon bricks can be enhanced with coating, 
grinding, tar impregnation or coking, high temperature heat treatments, 
anti-slip treatments or metal casing) and regardless of whether or not 
antioxidants are present (for example, antioxidants can be added to the 
mix from trace amounts to 15 percent by weight as various metals, metal 
alloys, and metal carbides). Certain magnesia carbon bricks that are 
the subject of this investigation are currently classifiable under 
subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000, and 
6815.99.4000\1\ of the Harmonized Tariff Schedule of the United States 
(HTSUS). While HTSUS subheadings are provided for convenience and 
customs purposes, the written description is dispositive.
---------------------------------------------------------------------------

    \1\ In the Preliminary Determination, we included HTSUS 
subheading 6815.99 in our description of the scope of the 
investigation. Subsequently, we determined that all of the ten-digit 
subheadings under this subheading must be used instead. Accordingly, 
the HTSUS ten-digit subheadings have been listed.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by the 
parties to this investigation are addressed in the ``Issues and 
Decision Memorandum for the Final Determination in the Less-Than-Fair-
Value Investigation of Certain Magnesia Carbon Bricks from Mexico'' 
from Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy 
Assistant Secretary for Import Administration (Decision Memo), dated 
July 26, 2010, which is hereby adopted by this notice. A list of the 
issues that parties have raised and to which we have responded, all of 
which are in the Decision Memo, is attached to this notice as an 
appendix. Parties can find a complete discussion of all issues raised 
in this investigation and the corresponding recommendations in the 
Decision Memo, which is on file in the Central Records Unit, Room 1117 
of the Commerce Department. In addition, a complete version of the 
Decision Memo

[[Page 45098]]

can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memo are identical in 
content.

Verification

    As provided in section 782(i) of the Act, we verified the sales and 
COP information submitted by Refmex for use in our final determination. 
We used standard verification procedures including an examination of 
relevant accounting and production records, and original source 
documents provided by the respondent. Our sales and cost verification 
results are outlined in separate verification reports. See CEPVR, HMVR, 
and CVR. The verification reports are on file and available in the 
Central Records Unit, Room 1117 of the Commerce Department.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we have made certain changes to the margin calculations 
for Refmex. For a discussion of these changes, see the ``Margin 
Calculations'' section of the Decision Memo.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all imports of subject merchandise that are 
entered or withdrawn from warehouse, for consumption on or after March 
11, 2010, the date of publication of the preliminary determination in 
the Federal Register. We will instruct CBP to continue to require a 
cash deposit or the posting of a bond for all companies based on the 
estimated weighted-average dumping margins shown below. The suspension 
of liquidation instructions will remain in effect until further notice.

Final Determination Margins

    We determine that the weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
RHI-Refmex S.A. de C.V..............................               57.90
All Others..........................................               57.90
------------------------------------------------------------------------

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``All 
Others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins, and any margins determined entirely under section 776 
of the Act. Refmex is the only respondent in this investigation for 
which the Department calculated a company-specific rate. Therefore, for 
purposes of determining the all-others rate and pursuant to section 
735(c)(5)(A) of the Act, we are using the weighted-average dumping 
margin calculated for Refmex, as referenced above. See, e.g., Notice of 
Final Determination of Sales at Less Than Fair Value: Stainless Steel 
Sheet and Strip in Coils From Italy, 64 FR 30750, 30755 (June 8, 1999); 
and Coated Free Sheet Paper from Indonesia: Notice of Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 72 FR 30753, 30757 (June 4, 2007), unchanged in 
Notice of Final Determination of Sales at Less Than Fair Value: Coated 
Free Sheet Paper from Indonesia, 72 FR 60636 (October 25, 2007).

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative, the ITC will determine within 45 
days whether imports of the subject merchandise are causing material 
injury, or threat of material injury, to an industry in the United 
States. If the ITC determines that material injury or threat of injury 
does not exist, the proceeding will be terminated and all securities 
posted will be refunded or canceled. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Return or Destruction of Proprietary Information

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: July 26, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

Comment 1: Exclusion of Functional Magnesia Carbon Brick Products from 
the Scope
Comment 2: CEP Offset
Comment 3: Adjustments to COP Data
Comment 4: Treatment of Full Line Service Contract Transactions
Comment 5: Movement Expenses
Comment 6: Home Market Price Adjustments
Comment 7: Adjustments to U.S. Sales Prices
Comment 8: Indirect Selling Expenses Incurred in Mexico
[FR Doc. 2010-18925 Filed 7-30-10; 8:45 am]
BILLING CODE 3510-DS-S